🇺🇸 U.S. Citizenship for Children Born Abroad
Children born outside the United States may acquire U.S. citizenship at birth if at least one parent is a U.S. citizen and certain transmission requirements are met.
👨👩👦 Child Born in Wedlock to Two U.S. Citizen Parents
If both parents are U.S. citizens at the time of the child’s birth abroad, the child acquires U.S. citizenship at birth, provided at least one parent resided in the U.S. or its outlying possessions before the child’s birth.
➡️ No minimum time period of residence is required.
👪 Child Born in Wedlock to One U.S. Citizen and One Non-Citizen Parent
The child acquires U.S. citizenship at birth if:
- The U.S. citizen parent meets the physical presence requirement based on the child’s date of birth:
| Date of Birth | Required Physical Presence in the U.S. |
|---|---|
| On or after Nov. 14, 1986 | 5 years (including 2 years after age 14) |
| Between Dec. 24, 1952 – Nov. 13, 1986 | 10 years (including 5 years after age 14) |
👩 Child Born Out of Wedlock to a U.S. Citizen Mother
The child acquires U.S. citizenship at birth if:
- The mother was a U.S. citizen at the time of the child’s birth, and
- The mother had 1 year of continuous physical presence in the U.S. or its outlying possessions before the child’s birth
➡️ Applicable under INA 301(g) and 309(c)
👨 Child Born Out of Wedlock to a U.S. Citizen Father
A child born abroad to a U.S. citizen father and foreign mother may acquire citizenship if:
- The father meets the same physical presence requirements as listed above, and
- All of the following additional conditions are met:
Additional Requirements:
- Biological relationship established by clear and convincing evidence
- The father was a U.S. citizen at the time of birth
- The father (if living) agrees in writing to financially support the child until age 18
- Before the child turns 18, at least one of the following must occur:
- The child is legitimated under local law
- The father acknowledges paternity in writing under oath
- Paternity is established by court order
➡️ Applicable under INA 301(g) and 309(a)
📝 How to Pursue a Citizenship Claim
Due to the complexity of the law, no citizenship claim can be confirmed without adjudication of a formal application.
To begin:
- Submit a citizenship application at the nearest U.S. Embassy or Consulate in your country of residence
- Provide all required evidence and documentation
⚠️ Special Instructions for Military Members and DOD Civilians
If you are an active duty military member or a Department of Defense civilian:
- Contact your base’s Personnel Services Battalion passport agent to schedule an appointment
- Do not submit passport applications by mail—follow DOD policy and procedures through the passport agent
Last Revision: March 2025.